Exciting enhancements are coming soon to eCode360! Learn more 🡪
City of Hornell, NY
Steuben County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
No trees may be planted closer together than the following small trees: 30 feet (9.1 m); medium trees, 40 feet (12.2 m); and large trees, 50 feet (15.2 m); except in special plantings designed or approved by the Department of Public Works.
No trees may be planted closer to any curb or sidewalk than the following:
A. 
Small trees: two feet (.61 m).
B. 
Medium trees, three feet (.91 m).
C. 
Large trees: four feet (1.22 m).
No street tree shall be planted closer than 35 feet (10,67 m) to any street corner, measured from the point of nearest intersecting curbs or curb lines. No street tree shall be planted closer than 10 feet (3.05 m) to any fireplug.
No street trees other than small trees may be planted under or within 10 lateral feet (3.05 m) of any overhead utility wire, or over or within five lateral feet (1.52 m) of any underground water line, sewer line, transmission line or other utility.
The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The City Tree Board may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners, provided that the selection and location of said trees is in accordance with §§ 288-7 through 288-10 of this chapter.
It shall be unlawful as a normal practice for any person, firm, or city department to top any street tree, park tree or other tree on public property. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this chapter at the determination of the City Tree Board.
Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet (2.43 m) above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs that constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight, or interferes with the visibility of any traffic control device or sign.
The city shall have the right to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property, or harbor insects or disease that constitute a potential threat to other trees within the city. The City Tree Board will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the City shall have the authority to remove such trees and charge the cost of removal on the owner's property tax notice.
All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
It shall be unlawful for any person to prevent, delay or interfere with the Board, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street trees, park trees, or trees on private grounds, as authorized in this chapter.